VIVEK KUMAR GUPTA Vs. HARISH CHANDER MALIK

JUDGEMENT

(1.) CM(M) 2098/2005, CM(M) 2099/2005 and CM(M) 2100/2005 seek to challenge the order dated 25.07.2005 of the Additional District Judge whereby the learned Judge has dismissed the application of the petitioner seeking condonation of delay in filing written statement.

(2.) Brief facts as noted by the learned ADJ are as follows:-

(3.) It is contented by counsel for the petitioner that although there has been a delay in filing of the written statement no delay in the proceedings in the case has taken place. He also submits that in the judgment of the Supreme Court relied upon by the trial court, the Supreme Court itself envisages situations where if grave injustice would be caused, is sufficient ground to allow the written statement to be filed beyond period of limitation. He also submits that the written statement was prepared and lying ready but for reasons beyond control of the petitioner the same was not filed.